Docket Number: FF 210014-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FF 210014-RO
DISTRICT RENT ADMINISTRATOR'S
PARKOFF MANAGEMENT/ DOCKET NOS.: EI 210153-OR
A. RICHARD PARKOFF, CC 210288-S
SUBJECT PREMISES:
345 Montgomery St., Apt. No. 3P,
PETITIONER Brooklyn, New York 11225
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 4, 1991, the above-named petitioner-owner filed a Petition
for Administrative Review against an order issued on May 2, 1991 by
the Rent Administrator, Gertz Plaza 92-31 Union Hall Street, Jamaica,
New York, concerning housing accommodations relati g to the above-
described docket number.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
The original proceeding was commenced on September 26, 1990, by the
owner filing an application to restore rent based on the restoration
of services.
In its answer filed on October 29, 1990, the tenant denied the
allegations set forth in the owner's application and otherwise
asserted that defective conditions still exist.
Thereafter on January 28, 1991, the subject apartment was inspected
by D.H.C.R. which confirmed the continued existence of some of the
defective conditions.
Based on said inspection, the Administrator partially granted on May
2, 1991 the owner's application by restoring the legal regulated rent
in the amount of $9.00 per month and advising the owner to "refile
for the remaining $11.50 when all services have been restored ..."
because of these continued defective conditions:
"1. Bathroom floor tiles are loose and missing.
2. Bathroom window has a broken glass pane.
3. Bathroom toilet seat is defective.
4. Bathroom light switch and fixture is repaired in
unworkmanlike manner.
Docket Number: FF 210014-RO
5. Master bedroom ceiling is repaired in unworkmanlike
manner."
In this petition, the owner states in substance that on May 8, 1991
and July 17, 1991, the tenant signed a work order indicating
completed repairs.
In a reply filed on June 26, 1991, the tenant denied the allegations
set forth in the owner's petition.
After careful consideration, the Commissioner is of the opinion that
this petition should be denied.
The owner admits that repairs were made subsequent to the issuance of
the Administrator's order. Then, the Administrator's order based on
an inspection finding the continued existence of defective conditions
was correct when issued.
This Order and Opinion is issued without prejudice to the owner
filing an application for rent restoration based on the restoration
of services, if the facts so warrant.
THEREFORE, in accordance with the Rent and Eviction Regulations, it
is
ORDERED, that this petition be, and the same hereby is, denied, and
that the District Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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